Updated February 18, 2015
SERVICES: HubCiti may add, alter or discontinue any service, feature or functionality it offers at any time without notice. If HubCiti terminates your service, it will refund any remaining savings in your “MyAccount” within 45 days after your acknowledgment and agreement with the amount to be disbursed.
AVAILABILTY: HubCiti makes no representation that its service will be available at any particular location or at any particular time. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated.
TRADEMARKS AND COPYRIGHTS: All HubCiti’s trademarks and copyrights remain the exclusive property of HubCiti and shall not be reproduced or distributed in any manner without written permission from HubCiti. All content on HubCiti’s websites and App is the exclusive property of HubCiti or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, OR OTHERWISE MODIFYING THIS SITE OR ANY OF ITS CONTENTS WITHOUT THE EXPRESS WRITTEN PERMISSION OF HUBCITI IS STRICTLY PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. The site contains copyrighted material, trademarks and other proprietary information and shall not be swept, crawled, scanned, captured, or retransmitted in any manner whatsoever and shall not be redistributed without the written consent of HubCiti. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you by HubCiti or is advertisers, affiliates and sponsors is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by HubCiti or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works, in whole or in part from this information. You agree not to reproduce, duplicate, copy, convey, sell, trade, or resell any portion of HubCiti’s information.
CERTAIN SERVICES: In order to use certain HubCiti services, (for example; “MyAccount” to track your earnings and savings) you are required to provide current, accurate identification, contact, and other information as part of the registration process. You are responsible for maintaining the confidentiality of your HubCiti password. You are responsible for all activities that occur under your account. You agree to immediately notify HubCiti of any unauthorized use of your password or your “MyAccount” or any other breach of security. HubCiti cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
ACCESS: HubCiti may block, limit or exclude anyone from access at any time to its website and app in its sole discretion without notice and without liability.
LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL HUBCITI, ITS AFFILIATES AND CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE OR DATA, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT OR TORT, ARISING FROM YOUR USE OF, OR INABILITY TO ACCESS INFORMATION OR SERVICES PROVIDED BY HUBCITI EVEN IF HUBCITI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, HUBCITI AND ITS AFFILIATES TOTAL LIABILITY, IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE HUBCITI WEBSITE AND APP, IF ANY.
DISCLAIMER: EXCEPT WHERE EXPRESSLY PROVIDED HEREIN, THE HUBCITI’S INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HUBCITI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN ADDITION, HUBCITI MAKES NO WARRANTY THAT: (A) THE HUBCITI WEBSITE OR APP, SERVICES, SOFTWARE, OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE HUBCITI’S WEBSITE, SERVICES, SOFTWARE, OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE, TIMELY, OR RELIABLE; OR (D) THE QUALITY OF ANY SERVICES OR CONTENT OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY SERVICES, SOFTWARE OR CONTENT ACCESSED, USED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE HUBCITI WEBSITE OR APP IS USED BY YOU AT YOUR OWN RISK. HUBCITI SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE HUBCITI WEBSITE OR APP, SOFTWARE, OR CONTENT.
LINKS: HubCiti may provide links to other websites and resources. Because HubCiti has no control over such sites and resources, you acknowledge and agree that HubCiti is not responsible for and has no liability in connection with your use of the content or resources of these third party sites and shall not be liable in any way for consequences of connecting to said third party sites or resources, and that you understand and accept that HubCiti does not endorse, is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or those to which they may connect including but not limited to objectionable content. Notwithstanding the foregoing, please notify HubCiti if you encounter any objectionable material. You further acknowledge and agree that HubCiti shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance upon any such content, goods or services available on HubCiti’s website or through any such third party site or resource.
APPROPRIATE CONDUCT: You understand that all information (Content) including without limitation, data, text, software, music, sound, photographs, graphics, video and other materials available at HubCiti are the sole responsibility of the person that originated such Content. You understand that by using HubCiti, you may be exposed to Content that is offensive, indecent or objectionable. Notwithstanding the foregoing, please notify HubCiti if you encounter any objectionable material.
1. You will not upload, email, transmit or post any information in any form including without limitation graphic, text, video, audio and encrypted data that:
a. violates the legal rights of others including without limitation information that may defame, abuse, harass, stalk, threaten;
b. is inappropriate, obscene or unlawful;
c. infringes on any patent, trademark or copyright;
2. You will not download any file posted by another that cannot be legally distributed via the Internet.
3. You will not;
a. use any robot, spider, site search/retrieval, beacon, application, or other device or software to index or retrieve any portion of HubCiti’s information, software, procedures or systems or collect information about users for any purpose; and understand that you may be sued by one or multiple parties either directly or in a class action suit.
b. impersonate another person or entity;
c. restrict or inhibit access of others to HubCiti;
d. use HubCiti for any illegal or unauthorized purpose;
e. remove any copyright, trademark or other proprietary rights notices;
f. submit Content that falsely indicated or implies that such Content is HubCiti’s or endorsed by HubCiti;
g. create user accounts by automated means, or under false pretenses;
h. promote or provide instructional information regarding illegal activities, or promote physical harm against any person or group;
i. transmit any viruses, worms, defects, Trojan horses, or any destructive software.
j. take any action that is illegal or unethical
While HubCiti strives to prohibit the above conduct and Content, you understand and agree that HubCiti may or may or may not detect such violations and shall not be responsible or liable in any way for such conduct or Content. You are requested to notify HubCiti immediately if you detect unacceptable conduct or Content. You understand and agree that HubCiti may take appropriate action as it sees fit in its sole discretion.
INTERNATIONAL USERS: International users agree to comply with their location’s prevailing rules, regulations and laws regarding online conduct and acceptable content, including laws regulating the export of data to the United States or to your country of residence.
SUBMISSION OF CONTENT: You may submit Content to HubCiti using various means, including data feeds or submissions through the Base API ("Content Submission"); these methods of submission are described in the technical specifications provided to you by HubCiti. Contact HubCiti for details. You agree to submit Content in a manner that complies with the then-current specifications provided by HubCiti to enable proper delivery and display of the Content. If the Content you submit contains URLs (or equivalent thereof), you agree that HubCiti has the right to access, index, cache or crawl the URL(s) (or equivalent thereof), the Content itself, or any portion thereof in connection with HubCiti’s authorized use of the Content.
Arbitration: HubCiti will make every reasonable effort to resolve any disagreements that you may have with HubCiti. However, if those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against HubCiti arising out of, relating to, or connected in any way with this Agreement or this Site shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures or at a mutually agreed upon by you and HubCiti; (b) the arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or HubCiti’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.